Digital Access as Part of Article 21

Current Context: Recently, the Supreme Court of India, in the Amar Jain v. Union of India case, declared that inclusive digital access to e-governance and welfare delivery systems is a fundamental right under Article 21 (Right to Life and Personal Liberty).

About the Judgment:

• Digital Access as a Fundamental Right: The Court emphasized that digital access is an essential component of the right to life and liberty under Article 21.
• e-KYC Revision: The Court directed the revision of digital Know-Your-Customer (KYC) norms to facilitate access for persons with disabilities, such as those with facial disfigurement or visual impairments.
• Principle of Substantive Equality: The Court stressed that digital transformation must be inclusive and equitable, enabling marginalized groups to access banking and e-governance services.
• State Obligation: The State is required to ensure digital infrastructure for vulnerable and marginalized populations under Articles 21, 14, 15, and 38 of the Constitution.
• Significance: The judgment aims to reduce the rural-urban divide, promote access to online learning, and foster financial inclusion.

About Digital Access:

• Inclusivity Focus: Access to digital services is crucial for enabling marginalized groups to avail themselves of government schemes, educational opportunities, and financial services.
• Impact on Governance: Digital access helps integrate marginalized communities into the development process and reduces social inequalities.

Other SC Judgments:

• Sabu Mathew George v. Union of India (2017): Clarified no curtailment of right to access information despite blocking of certain advertisements.
• Anuradha Bhasin v. Union of India (2020): Right to Internet access protected under Articles 19(1)(a) and 19(1)(g).